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HomeMy WebLinkAbout12/10/2001 I , I d. Ii I" RECORD OF PROCEEDINGS .,"""""",,,,,,,~,,,,,,,,,,,,,,,,,,,,,,,,",,,,,,",,,,,,,,,Minute$,,,,Qf,,,,,,.,,,,,,,,,,,,,,.,,,,,,,,~,,,"""",,,,,,,",,,,,,,,,,,,,,,",,,,,,,,,,,,",,,,,,,,,,,,,,,,,,,,,,J;)oolill,,,GitY'~Gil",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,",,,,,,,,,,w,,",,,,,,,w,~,,,,,,,,,,,,,,~""Me.eting,,,,,,,,.,,,,,,,,,,,,,,,, DAYTON LEGAL BLANK INC. FORM NO 10148 Held December 1 0, 2001 , (YEAR) Mayor Kranstuber called the Dublin City Council meeting of December 10,2001 to order at 7:00 p.m. Ms. Chinnici-Zuercher led the Pledge of Allegiance. Roll Call ~, Council members present were: Mayor Kranstuber, Vice Mayor Adamek, Mrs. Boring, Ms. Chinnici~Zuercher, Mr. McCash, Mr. Peterson and Mr. Reiner. Staff members present were: Ms. Grigsby, Mr. Ciarochi, Mr. Smith, Mr. McDaniel, Ms. Clarke, Mr. Kindra, Mr. Harding, Ms. Crandall, Ms. Puskarcik, Mr. Stevens, Mr. Hahn, Ms. Hoyle, Mr. Price and Mr. Husenitza. Special Reco~nition Mayor Kranstuber recognized the Dublin Coffman High School Women's Varsity Soccer Team, who recently won the 2001 State championship, achieving Dublin Coffman's first state title in girls' soccer, and ending the season with a 22-1 record. Approval of Minutes Mayor Kranstuber moved approval of the November 19, 2001 Council meeting minutes as submitted. Mr. Adamek seconded the motion. V ote on the motion - Mr. Adamek, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes. Correspondence The Clerk reported that a Notice to Legislative Authority was sent regarding a new liquor ,~ permit for Pegasus Holding Company, located on Perimeter Loop Road. There was no objection to the issuance of this permit. Citizen Comments: Darnita Bradley. representing Columbus Gas of Ohio. 200 Civic Center Drive. Columbus. 43215 introduced herself and stated that if Council has any issues regarding Columbus Gas, she would be happy to respond to them. Mayor Kranstuber noted that several citizens have registered to speak on an issue related to The Meadows of Wyndham Village. He requested that Mr. McDaniel present a preliminary report for clarification of the issue prior to public comments. Mr. McDaniel stated that representatives of The Meadows of Wyndham Village recently contacted the City and requested relief from the cost of the maintenance of their reserve areas A and B. Through deed restrictions and dedicated greenspace during development, many homeowner associations are responsible for maintenance of the dedicated areas. However, there are only 30 homes in this homeowner association. Due to the several acres of property that must be maintained, the association fees for these homeowners appear to be high. Staffis conducting a cost comparison of homeowner association fees. At this time, staff recommends referring the request to the Community Services Advisory Commission for study. He has had several discussions with Mr. Belville and Mr. Joseph, f'-' and they are aware of staffs recommendation. However, they may like to offer some additional comments tonight. Richard Belville. 7951 Townsend Road, stated that he serves as Treasurer of The Meadows of Wyndham Village Homeowners Association, an association of 30 homes. Although they have selected the low bidder to perform the grounds maintenance, the homeowners' assessment for The Meadows of Wyndham Village is three times that of Westbury, nine times that of Hawks Nest, and 22 times that of Wyndham Village - the adjoining developments. The major difference is the high number of acres of reserve to be maintained by a small number of homeowners. For two of the adjoining developments, he obtained plats of the developments and performed an analysis. The ratio of acres maintained by the homeowners associations compared to the number of homeowners revealed that homeowners of The Meadows of Wyndham Village are required to maintain three times as much reserve area as homeowners in Westbury and seven times as much "Ii; "IUlilill,Iiumiliiil :: I i , I I RECORD OF PROCEEDINGS ,~~,,,w,,,,,,,,,w,,~,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,Minu,tes,,j)i,,,,,,,,,,,,,,,,,,,,,,,,,",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,~,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,J)tlbli~,,Cit)L,,,CGU.):lG.il,,,,,,,,,,,~,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,w,,~,~,,,,J?*g:e,,,2~,,,~,,~,,Me"e1ing.,,,,,,,,,,,,"""", DAYTON LEGAL BLANK INC. FOHM NO, 10148 Held December 10,2001 , (YEAR) reserve area as homeowners in Hawk's Nest. Therefore, the homeowners of The Meadows of Wyndham Village respectfully request that Council take action to provide relief to those homeowners. In response to Mayor Kranstuber's inquiry, Mr. Belville stated that they would welcome the opportunity to discuss the issue in more detail with the ,......., Community Services S:ommission, if Council refers the issue for study. Mayor Kranstuber moved to refer study of the issue to the Community Services Advisory Commission to develop a recommendation for Council. Ms. Chinnici-Zuercher seconded the motion. Mrs. Boring inquired why this subdivision has so much more greenspace proportionately than the other subdivisions. Ms. Clarke responded that the developer probably intended to develop Wyndham and The Meadows of Wyndham simultaneously, but was unable to obtain approval at the same time. Although it is a much smaller tract of ground, it has the same responsibility as the other subdivisions for maintenance of the buffer setback from the arterial road. Proportionately, the homeowners of The Meadows of Wyndham do have more frontage than do the homeowners in the other subdivisions. Mrs. Boring inquired if the City is a landowner in the subdivision, wouldn't the City then be required to pay association dues/fees? Ms. Clarke responded that the City is not a member of the association, which would include voting rights, etc. and is not assessed association fees. She added that, in her experience, any landowner who is a party to deed restrictions must pay association fees. It - would seem that ifthe City wants its land taken care of, it should be responsible for some of the costs. Mr. Smith stated that the Legal staff would review the subject. Ms. Grigsby stated that one reason the reserve is in the City's name is that the City is exempt from property taxes. If that land were titled to the association, there would also be property taxes for which the association would be responsible. Therefore, many of the entrances to subdivisions are owned by the City, which eliminates the burden of property taxes on that land, but the land is maintained by the homeowner associations. Mr. McCash stated that he believed a similar request for assistance with maintenance costs had recently been granted to another homeowner association. Mr. McDaniel responded that these requests are received frequently. Due to the fact that Council action could be precedent setting, he would advise a commission study to allow the opportunity for a wider perspective. Mr. McCash stated that the particular issue he recalls is the Glick-Muirfield intersection agreement, which provides that the City maintain the landscaping. - Mr. Ciarochi responded that the Muirfield Association has maintained an extensive area at significant expense. Consequently, a 15 plus year agreement was developed, under which the association continues to maintain City right-of-way, and the City pays them a fee of $2,000 - $3,000/year. Mr. McCash inquired about the timing of the Commission's study of the issue. Mr. McDaniel responded that it would be scheduled for a January meeting. Mrs. Boring noted that one of the homeowners in The Meadows of Wyndham Village Association had observed that their association fee appeared to function as a tax, since maintenance of the City's land was all that was accomplished with the fee. She requested that a member of the Law Director's office attend the Commission meeting to assure that the legal concerns are addressed. I ! I "I I j i", [1''i:lmHi:I,'II'i: 1111:. Ilii ll[,:;:..".'jjiLI T! I II ' I i I 1,1 IIW,',t1Y';J:';!it-'!I!I:; RECORD OF PROCEEDINGS ~""",w""""""~""""''''m"""",,,,,,,w,,Minutes,,Df,,,,,,,,,,,,w''''w'''''m,,w,''w",,,~,,,w,,,,,,,,,,,,,,w,,w,,,,,,,,,,,,,,,,,,,,,,w,JJ,oo-liH~:i:tyr,,.Ge,tHlGiJ:,,,,"""",,,,,,,,,,,,,,,,,,,~,,,,w,,,,,,,,,,,,,,,,,w,,,_,,,}?,~,~,,,,~,,,,,,,,~,,wMeeling~,,,,,,w,,,~"w,," DAYTON LEGAL BLANK INC. FORM NO. 10148 Held December 10,2001 , (YEAR) Mr. Smith stated that his office is studying this issue. They have received two similar inquiries from other associations. - Mrs. Boring requested that those associations also be notified of this meeting. Mr. McCash requested that after their initial meeting, the Community Services Advisory Council (CSAC) notify Council of their anticipated timing for a recommendation. Ms. Chinnici-Zuercher stated the greater part of homeowner association fees is dedicated to maintenance of the common areas, so it would be wise to notify all the associations of the CSAC meeting. Mr. McDaniel stated that he would do so. Ms. Chinnici-Zuercher stated that bidding the work to obtain the lowest cost, as The Meadows has done, is also advisable. Mr. McDaniel responded that he has advised several associations accordingly, but is unsure if they followed the advice. Perhaps the City's discussion will also facilitate that interest or even the process. Don Joseph. 7914 Wiltshire Drive, stated that he is president of the Board of Trustees for The Meadows of Wyndham Village. He stated that in principle, they are not opposed to maintenance of the adjacent common areas. The problem they have is that their fees must --. be higher than the normal association fee in order to do so. He suggested that it would be advisable for CSAC to also address the process by which association fees are set. If there are no guidelines within the Planning and Zoning process, the situation will occur repeatedly. There should be guidelines established to ensure fairness of the fees. Vote on the motion: Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes. Wallace Maurer. 7451 Dublin Road. stated that he has three issues to address: 1. At the last Council meeting, he had stated that he believed that the pedestrian bikeway under construction through his property had been placed deeper on his property than the plans had indicated. He is concerned that he unintentionally inferred that the project was not being properly supervised to have allowed that to occur. In fact, Mr. Tennyson, who has overseen the project, was very careful in fixing the center stakes before any construction began. In addition, he has also corrected another error. A deviation in the path causing it to run between two of his big trees has now been corrected so that it runs straight and outside ofthose trees. He apologized if, in any way, Mr. Tennyson was affected by his negligent comments. 2. He would also like to include Mr. Peterson in his former invitation to Mr. Adamek to join the "podium philosophers" in raising and clarifying issues to Council. 3. He noted that over the last few years, he has raised a concern over Section 3.06D ,...-. in the Revised Charter of the City. He considers it a serious setback to many years t of struggle to constitutionally open up all issues to the public. In a situation of suspicion and fear, it can put many citizens at risk, particularly if decisions regarding those under suspicion are made in private. Staff Comments: Mr. McDaniel: 1. Referred to a memo provided in Council packets on the Darree Fields expansion proposal by Dublin Soccer League (DSL) and Mid-Ohio Soccer League (MOSL). They propose that funds be pooled to expand the soccer fields at Darree, in exchange for the use of some of those fields for tournaments. He requested that the proposal also be referred to the Parks and Recreation Advisory Commission (PRAC) to study and develop a recommendation. I . . ~t RECORD OF PROCEEDINGS """"",,,w,,,,,,~,,,,,,,,,,,,,,,,,,,,~w,,,,w,,Minute$,,,,of,,,,,~,,,w,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,w,,,,,,,,,,,,,,,,,,,,,,~D.y,b'}in,,Cit~,,CQU,llCiL,""""",,,,,w,,w,,,,,,,,,,~,,,,,,,,,,,,~~,,,,,,,,J?.ag.e,,A,,,,~,,,,,,,,,,,Meeling,,,,,""","""''',,'' DAYTON LEGAL BLANK INC. FORM NO. 10148 Held December 10, 2001 , (YEAR) Mr. Adamek moved to refer the proposal to PRAC to study and develop a recommendation. Ms. Chinnici-Zuercher seconded the motion. V ote on the motion: Mr. Peterson, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. ,..--." Adamek, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes. Mr. Harding noted that today he received the final recruitment profile for the City Manager position from Mr. Slavin. Mr. Slavin indicated that he will review the field of applicants and forward a recommendation for Council by Wednesday. Ms. Puskarcik referred to a memo in Council packets regarding the cable government channel. Based on Council's direction at the last Council meeting, staff recommends proceeding with Phase I in 2002. This will require consultation with the Law Director and the Director of Service. It would also require the expenditure of approximately $4,500 for basic equipment. This will give Council the opportunity to view an abbreviated version of the project for approximately six months in preparation for making additional decisions regarding the project for 2003. Ms. Chinnici-Zuercher inquired what the $4,500 commitment would provide at this point. She expressed concern that Council makes cautious commitments until they have a better grasp of the entire project, and ifit should appear to be cost prohibitive, terminate the proj ect. Ms. Puskarcik responded that the $4,500 minor commitment would involve conversion of the Columbus channel to City of Dublin programming within the City of Dublin; the City -. would have total access to that. Programming would be primarily character generated, although videos could be inserted into the programming. Depending upon formalization of a contract, the schools would also be allowed to use the channel. Although the commitment is very basic, the project could be developed extensively in the future. Mr. McDaniel clarified that currently Dublin has two cable competitors. To ensure that Dublin residents with either cable have that access, it would be necessary to double the financial commitment for the basic equipment. He added that discussion with Adelphia Cable is also beginning, and Dublin may have three cable providers in the future. Mr. Adamek clarified that any cost would be for the equipment; the access is built into the franchise agreement. Mr. Adamek moved to direct staff to proceed with Phase I of government television channel and to appropriate $4,500 for this purpose. Mr. Reiner seconded the motion. V ote on the motion: Mr. Peterson, yes; Mr. Adamek, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mayor Kranstuber, yes. Ms. Grigsby noted that an ordinance including formal appropriation approval for Phase I ofthe government channel basic equipment would be brought to Council in January. Ms. Puskarcik also reminded Council that December 13th is the Council Reception for Mr. --. Adamek and Mr. Peterson, and December 19th is the Skatepark Opening. LEGISLATION SECOND READIN/PUBLIC HEARING - ORDINANCES Ordinance 106-01(Amended) - An Ordinance Providing for a Change in Zoning for 4.07 Acres Located on the South Side of Ventlllre Drive, Approximately 800 Feet South of Perimeter Drive From: PCD, Planned Commerce District, To: PCD, Planned Commerce District. (Text Modifications Perimeter Center Subarea M - Children's Hospital Medical Offices - 5675 Venture Drive/Case No. 01-086Z) Ms. Clarke stated that this is a rezoning application which creates subarea M within Perimeter Center. Perimeter D is the existing subarea along the north side , , I i Ii · liii..!]!L!.lil I ". iHi>: · II.., .,,;Ii.HCiif;:,!'ili.:'h. RECORD OF PROCEEDINGS ~"",,,,,,,,,,,,,,,,,,,,,,~,,,,,,,,,,,~,,,w,,,,,,,,Minutes,,,Qfw,,,,,,,,,,,,,,,,,,,,,,,,,,,,"",,,,,,,,,,,,,,,,,,~~,,,,,,,,,,,,,,,,,,,,,~,,,,,,,,,,,,,,,,~,,,O,yl;)l:i.Il,,,Cit~,",G~l.""",,,,,,,,,,,,,,,,,,~,,,,,,,,,,,,,,,,,,,,,,,,,,,,,~,,,I?a.g~,s.,,,,,,,,,,,,,,,,,,,,Meeting""~""""""",,,,, DAYTON LEGAL BLANK INC. FORM NO. 10148 Held December 10, 2001 , (YEAR) of Route 33 to just east of the car dealerships. This rezoning was necessary because the current text would result in a lower than code parking ratio. This is the drawback of a Planned Commerce Development -- if the developer cannot meet all the requirements, it is necessary to revise the text via a rezoning application. She - noted that this is a 4.07 -acre tract on which a second building will be located; she showed slides of the site. She added that the Planning and Zoning Commission reviewed the application on November 1 st and recommended approval with four conditions that are contained in the Record of Action from that meeting, attached to the ordinance. Mr. McCash referred to the second condition, "that if the emergency facility is converted to another use or there is a demonstrated parking shortage, they shall return to the Commission and provide the necessary spaces.. ..," and inquired if there is enough space on the site to provide the necessary spaces, or does this create a situation for which the applicant would have to return for a variance? Ms. Clarke responded that there are likely not enough spaces, but the building, which is currently operational, uses very few of the current parking spaces. This has been verified on numerous occasions. However, the zoning is for the full range of uses. This condition addresses staffs concern regarding the parking situation if the use is converted to one that needs the full range of parking. V ote on the Ordinance: Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Adamek, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Peterson, yes. ~ Ordinance 133-01 - An Ordinance Adopting the Annual Operating Budget for 2002, and Declaring an Emergency. Ms. Grigsby stated that a memo was provided in packets, which outlines all the modifications that have been made as a result of discussions at the Council workshops on the proposed budget. Mr. Maurer inquired if the budget is a publicly accessible document. Ms. Grigsby responded that it is. There were no further questions. Mayor Kranstuber moved for passage by emergency. Mr. Adamek seconded the motion. Vote on the motion: Mr. Peterson, yes; Mr. Adamek, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Reiner, yes. Vote on the Ordinance: Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mr. Reiner, yes. Ordinance 137-01 - An Ordinance Authorizing the City Manager to Enter into an Exclusive Privilege to Sell Agreement for Soft Drinks in City-Owned Facilities, and Declaring an Emergency. Mr. Maurer inquired what the length of the agreement was. Mr. Harding responded that the contract is for five years. Mr. Maurer inquired what the bidding process involved. .~ Ms. Grigsby responded that the City uses an RFP process, in which the City requests proposals on items such as the cost and commissions the City would receive off of the sales. Mrs. Boring advised caution in invoking emergency action when it is not necessary. Mr. McCash stated that he did receive some feedback indicating a preference for Coca-Cola products to be offered in the vending machines. Ms. Grigsby responded that with the initial RFP process, comparison testing was also conducted on a number of7-up, Pepsi and Coca-Cola products. The results indicated that, due to the wider range of products, 7-up had more product sold than the other two vendors. Mayor Kranstuber moved for passage by emergency. Mr. Adamek seconded the motion. I I'! I I .I! i" "umH L.I,i1i diii " i:l:iILL,t'I:,I,'L TiF'!>i!1 II! I., RECORD OF PROCEEDINGS ,,,,,,,,,,,,,,,,,,,,,,,~,,,,,,,,,,,,,,,,,,,,,~,,~,,,,,~,Minu,te's,,,oi,,,,,,~,,,,,,,,,,,,,,,,,,,"~""""""""",,,,,,,,,,,,,,,,,,,,,,w~,,,,,,,,,,,,~,,,,,,I).:u.'bli):l,,,Q.ty,,,c.olJRG,iJ,,,,,,,,",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,J?,,a,ge,,,,6,,,,,,,,,,,,,,,,,,,Meeting,,,,,,'''''''',''''''''' DAYTON LEGAL BLANK INC. FORM NO. 10148 Held December 10,2001 , (YEAR) Vote on the motion: Mr. Adamek, yes; Mr. Reiner, yes; Mr. McCash, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mayor Kranstuber, yes. Vote on the Ordinance: Mr. Adamek, yes; Mr. Reiner, yes; Mr. McCash, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mayor Kranstuber, yes. ,--, Ordinance 143-01 - An Ordinance Authorizing the City Manager to Accept a 12.067 Acres, More or Less, Tract of Land from Edwards Golf Communities, LLC (Instrument No. 200110220242691), as Public Right of Way. Mr. Smith stated that this is Woerner-Temple Road that the Auditor mislabeled as a lot. Due to this, it was necessary to later have it dedicated to the City. Vote on the Ordinance: Mrs. Boring, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes. INTRODUCTION & FIRST READING - ORDINANCES Ordinance 144-01 - An Ordinance to Establish Appropriations Based on the 2002 Operating Budget of the City of Dublin, State of Ohio, for the Fiscal Year Ending December 31, 2002. Mayor Kranstuber introduced the ordinance. Ms. Grigsby stated that this is companion legislation to the operating budget and actually establishes the appropriations, beginning January 1, 2002. Mayor Kranstuber moved to dispense with the public hearing. Mr. Adamek seconded the motion. Vote on the motion: Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Peterson, yes; Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes. Vote on the Ordinance: Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; ,........, Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Peterson, yes. Ordinance 145-01- An Ordinance Amending the Annual Appropriations Ordinance for Fiscal Year Ending December 31,2001. Mr. Adamek introduced the ordinance. Ms. Grigsby stated that this a housekeeping item for the year 2001. It includes one modification to section 11, which currently includes the amount of $29,500. Information has been received on an additional change order related to the electrical work, and staff requests that the amount be corrected to $40,500. Mayor Kranstuber moved to dispense with the public hearing. Mr. Adamek seconded the motion. Vote on the motion: Mayor Kranstuber, yes; Mr. Reiner, yes; Ms. Chinnici- Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Adamek, yes. V ote on the Ordinance: Mr. Peterson, yes; Mrs. Boring, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes. Ordinance 146-01 - An Ordinance Requiring Connection into the Public Water System, and Declaring an Emergency. Ms. Grigsby stated that when the construction contract was awarded for the water and sewer lines in four areas of the City, Council discussion was that in line with -. the current requirement to tap into to the sewer system, legislation would be brought forward requiring connection to the water system. This legislation would require connection within 90 days in instances where the City has installed the water lines. Mrs. Boring stated that public comment during the Public Services Committee meeting on December 3rd indicated that 90 days is not sufficient time for the connection. Therefore, the Committee recommendation is to allow an incentive period of one year. Ms. Grigsby responded that Section 2 of the ordinance provides for hardships or extraordinary circumstances. Based upon the passage of the subsequent legislation, a 13-month period would be provided. 1.;1 RECORD OF PROCEEDINGS """~",,,,,,,,~,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,Minut.es,,.Qf,,,,,,,,,,,,,,,,,,,,,,,,"""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,~,,,,,,,~,,,,,,,,,,,,D:yb.LiJ::l,,,,Cit;y:""CG1J,n(;,il,,,",,,,,,,,,~,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,~,,,,,,,,,,]?,age,,,,.:z,,,,,,""""""M.e,eting""""""",,,,,,,,,,,, DAYTON LEGAL BLANK INC. FORM NO, 10148 Held December 10,2001 , (YEAR) Mayor Kranstuber clarified that this legislation provides a general guideline. The subsequent legislation, based upon the recommendation of the committee, will provide a longer period for the particular area under discussion. Mr. Adamek stated that at the last Council meeting, Council waived the 90-day ~'V,~..~ sewer connection requirement for these areas. The same motion could be made for the water connection. Ms. Grigsby agreed, stating that the legislation also identifies the timeframe. This ordinance, however, is a general guideline for the City. Mayor Kranstuber moved to dispense with the public hearing and to treat this as emergency legislation. Mr. Adamek seconded the motion. Vote on the motion: Mr. Reiner, yes; Mrs. Boring, no; Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mr. McCash, yes; Mr. Adamek, yes; Mayor Kranstuber, yes. Vote on the Ordinance: Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes. Ordinance 147-01 - An Ordinance Authorizing the City Manager to Grant a General Right-of-Way Permit to Adelphia Business Solutions. Mr. Adamek introduced the ordinance. Ms. Grigsby stated that staff requests that this be held for a second reading/public hearing on January 7, 2002. Ordinance 148-01- An Ordinance Authorizing the City Manager to Enter into an Agreement with Rockford Homes for Reimbursement of Sanitary Sewer ,,-..., Oversizing Costs, and Appropriating Funds Therefor. Mr. Adamek introduced the ordinance. Ms. Grigsby stated that this ordinance provides for oversizing of the sanitary sewer lines for the Cramer Crossing subdivision development. There will be a second reading/public hearing at the January 7, 2002 Council meeting. Ordinance 149-01 - An Ordinance Authorizing the City Manager to Execute a Settlement Agreement with Thomas A. McDowell to Resolve the West Branch Sewer Extension Acquisition and Damage Claims. Mr. Adamek introduced the ordinance. Mr. Adamek inquired what the associated costs would be. Ms. Grigsby responded that the cost would be approximately $49,000. There will be a second reading/public hearing scheduled at the January 7, 2002 Council meeting. INTRODUCTION & PUBLIC HEARING - RESOLUTIONS Resolution 56-01 - A Resolution Requesting the Delaware and Franklin County Auditors to Draw and the Delaware and Franklin County Treasurers to Issue a Draft to the Director of Finance of the City of Dublin for Any Money that May Be in the County Treasury to the Account of the City of Dublin. Mr. Adamek introduced the resolution. -. Ms. Grisgsby stated that this resolution is prepared annually. It authorizes the City to request advances on property taxes to facilitate early collections. V ote on the Resolution: Mr. Peterson, yes; Mr. Adamek, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes. Resolution 57-01 - A Resolution Adopting a Statement of Services for a Proposed Annexation of 62.5+/- Acres from Washington Township, Franklin County to the City of Dublin. (Robert E. Albright, 600 South High Street, Columbus, OH 43215, Agent for Petitioner S.R. Associates) Ms. Grigsby stated that this provides the required statement of services indicating the City's ability to provide services for this area. This annexation application is scheduled for hearing before the Franklin County Commissioners on January 2, 2002. I i , " 1.:1 RECORD OF PROCEEDINGS ~"~""""'''''''''''m,,,",,,w,,,,,,,,,,,,,,Minules,oi,,,,,,,,",,,,,,,,,",,,,,~","",,,,,,,,,,,,,,,,,,,,,,,,,,~,,,,~~,,,,,,,,,,,,",,,,,,,,,,,,,,,,,,,,,,,~IJ:uh,l:i~,C~,.cQ:ullcil"~""'''''''''M"",,,,,,,,,,,,,,,,,,,,,,,,,,,w''''''''''''N,,,,E.age,,S,,,,,,,,,,,,,,,,,,,,,,,,Me.elin~,"","'~""''' DAYTON LEGAL BLANK INC. FORM NO. 10148 Held December 1 0, 2001 , (YEAR) Vote on the Resolution: Mr. McCash, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Resolution 58-01 - A Resolution Adopting a Statement of Services for a Proposed Annexation of 41+/- Acres from Washington Township, Franklin County to the City of Dublin. (Robert E. Albright, 600 South High Street, Columbus, OH 43215, Agent for Petitioners Cosgray Road, LLC, Sheila G. Lemaster, Samuel J. Lemaster and Sharon L. Ferrell) Mr. Adamek introduced the resolution. Ms. Grigsby stated that this meets the same requirement. This hearing is scheduled for January 16, 2002. Vote on the Resolution: Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Reiner, yes; Mr. Peterson, yes. Resolution 59-01 - A Resolution Establishing Capacity Charges for Connection to the Public Water and Sewer System(s) For Certain Residential Properties. Mr. Adamek introduced the resolution. Mayor Kranstuber invited public comment. Ms. Chinnici-Zuercher stated that the Public Services Committee reviewed this issue on December 3rd. The rate increase study provided by Ms. Grigsby for that meeting was also provided in Council packets. The Committee studied those options and voted to recommend to Council the adoption of Option 1 for the -.., affected areas only. Those areas would be allowed to pay the capacity charges that were in effect prior to July 1, 1992, which would be $176 for water and $100 for sewer through December 31, 2002, after which time the rates would revert to the current rate. Frank Vesco. 164 Grandview, inquired why this option is being offered to these areas when it has not been offered when water and sewer were brought into other areas of Dublin? Other areas have been required to pay the current rate. Mrs. Boring responded that in 1992, when the new fees were being considered, there were areas of the City that desired water and sewer but did not have the option to tap in at the current rate. The residents expressed concern that while their neighbors were connected at a reasonable rate, that they would pay a much higher rate, if the water and sewer connection wasn't available in their neighborhood for some time. That Council, in an attempt to be fair, passed Resolution 33-92 which guaranteed those particular areas the option of paying the rate they would have paid then, had the City also made the water and sewer available to them. Actually, the intent at that time was to develop an ordinance within 180 days that would have given the property owners the option of paying the connection fee at that time to be held in escrow until the connection was available. ,...,.-, Mr. Adamek stated that the Council in 1992 considered and ultimately adopted a water and sewer rate increase. At that time, Council was petitioned by the residents of those areas without water and/or sewer access to grandfather them in at reduced rates on the basis that their property taxes were helping to pay the water and sewer costs for the rest of the City. This Council is now attempting to determine what rate to which to reduce their tap fees. Ms. Grigsby stated that part of the concern in 1992 reflected the fact that the fees in those areas were established in the 1970's and had not been increased since that time. In 1992, during the capital budget planning, the City recognized that the water and sewer funds should be made self-sufficient. Consequently, a utility rate study was completed which indicated that the fees should be raised significantly. At that time, the residents who did not yet have access to the public water and , , 1~1~'1i\'tJ.j.;,!il'r.JUI ' RECORD OE' PROCEEDINGS ""'_m'__'__,~"""_'_"m"""",Minutes-Df,__""",~,~-''''''''-,~'''''''-''''''''''_w,''_''''m,_,,,,~,,-,,,,--_,~ttblin"City:"Co:lJJlCil""""-,-",-"-,,,,,,,,,,-,,,~~,-,,,,,-,-,,-~ag~~"",,,,,,_,,,,.Me~ting,_,,,,,,,,,,,,,,_, OAY10N LEGAL BLANK INC. FORM NO. 10148 Held December 10,2001 , (YEAR) sewer systems yet would help to pay the cost of those systems through their taxes expressed concern that they would have to pay a much higher fee later for water and/or sewer connection. ~ Paul Klein. 4377 Limerick Lane, stated that for a number of years he has been under the impression tha,t the City would not require water tap-ins. Now, apparently, the City is considering legislation mandating it. He did not attend the December 3rd Public Services Committee meeting, as he did not believe the issue affected his home. He has been told by City staff on three different occasions that connection to the City water supply is optional. He has lived in this home for 34 years. His well water remains an excellent source, which he does not want to change. There are others like himself who have also been under the impression that the City would not require the connection. Mr. Adamek stated that several months ago, the City responded to the concerns of the residents of those neighborhoods for a safe water supply, and decided to carry the full financial burden for the installation of the water line. The primary reason the City decided to assume the full burden was the issue of safety and welfare for its citizens. For that same reason - safety and welfare - the City also stated at that time that it would require the connection of all the homeowners. Otherwise, the construction ofthe water and sewer lines would have been pointless. However, the legislation before Council does provide an option to request a hardship waiver through the City Manager's office. He suggested that Mr. Klein submit a request for a waiver. - Mayor Kranstuber stated that Council carefully considered this. Another argument for connection was that the City spent approximately $3 million for a relatively small area. The concern was that only half the homes would tap in, after the City invested so much. Council has attempted to strike a fair balance between the needs of the citizens for public health and safety and the City's fiscal responsibility. Mayor Kranstuber inquired if the Committee's recommendation is reflected in Resolution 59-01. Ms. Grigsby responded that it is based upon the Committee's recommendation. However, that recommendation was to choose Option 1 as stated in her memo, and Option 1 does not clarify whether this would be only for residences and properties in the City in 1992, or ifit includes properties within the affected areas which were annexed since 1992. At the Public Services Committee meeting of December 3rd, there was some discussion regarding that issue. Currently, there is no restriction, but if Council would like the option to be restricted to only those properties already within the City in 1992, the resolution should be amended accordingly. Mr. Reiner inquired what the loss of revenue would be to the City, if Resolution 59-01 is adopted. - Ms. Grigsby responded that within these four areas it would be approximately $247,000. Discussion continued regarding the inclusion of post-1992 annexations in that area. Mr. Reiner expressed concern about precedent setting, noting the importance of assuring the common good be served for everyone, not special interest groups. Vote on the Resolution: Mr. McCash, yes; Mr. Adamek, no; Mrs. Boring, yes; Mr. Reiner, no; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes. OTHER Community Services Advisory Commission Recommendation Re1:ardinl: the Vicious DOl: Ordinance I1IYo';',"""""'""".,,''''' RECORD OE' PROCEEDINGS ,_,_",_"""_",_~,,,,,,,,,,,,,~,,,,,,,__,,,Minutes,,,QI,~,,_,,,,,"'m,_"_""",-""""~""""""""",~""----,,,,,,,,,--,Dublin,City-CQ,utlcil-",,,,,,-,,,-,,,,,,,-,,,,,,,,,,,,,,,,,,,,,,,,,-,,,-Eage",lD"",,,,,_~M~jjng,,,,,,,,,,,,,,,,,,,,, DAYTON LEGAL BLANK INC. FORM NO. 10148 Held December 10, 2001 , (YEAR) Mr. McDaniel stated that Council referred this item to the Community Services Advisory Council (CSAC) for study and a recommendation. CSAC held several public meetings, which were well attended, providing good input from the public. Several items came up in discussion: -'" 1. There were two vicious dog situations which citizens requested Council address; those situations prompted the legislation. 2. There are legal issues regarding the enforceability in various jurisdictions. 3. The Commission's recommendations for amendment are as follows: a. Amend the provision in the ordinance in regard to fencing requirements and proof of insurance; b. Strengthen the penalties contained in the ordinance through a schedule of progressively increased penalties for repeat violations; c. Amend the ordinance to permit the City Manager to ban any vicious animal; d. Provide increased training of Dublin Police and other City staff in the identification of dog breeds and the handling of dog-related complaints in order to ensure timely and effective enforcement of the ordinance; e. Do not expand the ordinance to include additional breeds; f. Do not adopt an outright ban on any breed. Mr. McDaniel noted that these recommendations were acceptable to the residents who attended those meetings. He added that these recommendations have been incorporated into a draft ordinance, amending Sections 91.29 and 91.99 of the Code. If approved, this ordinance, or a modified form of it, could be introduced at the next Council meeting. He added that Mr. Pagnard, CSAC Chair, and Steve ,.-- Smith, Jr., Legal Department, are present to respond to questions from Council. Mr. Pagnard. CSAC Chair, stated that those citizens who attended the meetings appeared to be satisfied with the Committee's recommendation. Mrs. Boring thanked the Commission for their thorough review and the opportunity they provided citizens for public comments. Mrs. Boring moved to accept CSAC's recommendation. Mr. Reiner seconded the motion. Mr. McCash inquired if any changes were made in the definition of a vicious dog. Did the Commission attempt to address a dog with a propensity for violence or menacing according to a reasonable person's standards? Mr. Smith responded that, pursuant to Council's request, legal staff did study the option of including other groups of animals in the definition. However, their study revealed that most municipalities and organizations did not expand that definition. As it is written now, the legislation mirrors the State law definition of "vicious." That, and considering the many citizen comments, has led the Committee to recommend against amending the definition. Rather than changing the definition, the Committee has looked at other ways of addressing the specific issues in Dublin. ~. Mr. McDaniel added that the focus moved from the definition of a "vicious animal" to "responsible ownership," so the question became what should be done with the owner as opposed to the dog. While it can be argued that some animals have a propensity to be more violent or vicious than others, the citizens focused more on the owners' responsibility for the actions of their dogs. Mr. Breseman stated that it was the Commission's intent to keep its recommendation as broad and simple as possible for ease of administration. Mr. Peterson inquired about provisions for disorderly conduct of the dog owner. If the owner repeatedly ignored the police or refused compliance, couldn't they be charged with disorderly conduct and jailed? I I i II. I RECORD OE' PROCEEDINGS :""~_~"""~,_"_,_~",,,,_,,,,,,,,,,Minutes,~Qf,,~,,,,_,,,,,,,,_,,,,,-"''''''''-'-'''-'''''-'''''''M"",~""-D,lJ,blitl,,,City-COlJ,IlCiL,,,,_''''''_''''''M""_,~"~"""",,,,,,_,,,,E.age'Ml.l.,,,,,,,,,,_,Meeting,,,,,,,",,,,,,,c,,,,, Held December 1 0, 2001 , (YEAR) I Mr. Smith stated that the issue with the State law that the Committee had to consider is that when a "situation" exists, the City can repeatedly take action against the owner, but the problem is not alleviated because the dog remains on the ,--. property. Under State law, until the dog actually attacks someone, the City cannot i order the dog removed. Mr. Peterson stated that the dog is viewed as a tool or expression of the owner's personality; therefore, couldn't that person be charged with persistent disorderly conduct under the criminal code? Mr. Smith responded that the penalties included in the vicious dog ordinance are stronger than those under disorderly conduct. A persistent disorderly conduct is a misdemeanor of the fourth degree with a penalty of $250 and 30 days in jail. However, under the vicious dog ordinance, most of the misdemeanors are of the first degree, which carries a maximum penalty of six months in jail and a $1,000 fine. The police have cited under that law, as there are five cases pending against the Large family. Mr. Adamek pointed out that an important point to consider is that the current fence code has a four-foot height limit. If this legislation were approved, it would be necessary to then amend the fence code legislation to allow a six-foot fence. Mr. Smith stated that the vicious dog ordinance amendment contains an alternative, which states that if the owner cannot install a fence, the dog must be --. tied or restrained. The alternative was added to avoid the need for variances, etc. However, Legal staffwill review the issue further prior to introduction. V ote on the motion: Mr. Reiner, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mr. McCash, yes; Mr. Adamek, yes; Mayor Kranstuber, yes. Council Round Table/Committee Reports Mrs. Boring: 1. Referred to a citizen's complaint that her son purchased a resident's daily pass at the Recreation Center at the adult rate of $4.00, but the policy does not allow a pre-teen to use all of the facility. Her suggestion is to establish a pre-teen fee. Mayor Kranstuber moved to refer study of the suggestion to the Parks and Recreation Advisory Commission (PRAC). Mrs. Boring seconded the motion. Vote on the motion: Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Adamek, yes; Mr. Adamek, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Peterson, yes. 2. Thanked Mr. Peterson and Mr. Adamek for the time and energy they have devoted to the City in their Council service. Noted that she is looking forward to their reception on Thursday, December 13th. ~ Mr. McCash thanked Mr. Peterson and Mr. Adamek for the valuable input that they have provided in Council decision-making during the past four years. It has been an honor to work with them. He added that many opportunities for input and guidance from them as private citizens would exist in the future. Ms. Chinnici-Zuercher: 1. Referred to the year-end report in Council packets from the Planning and Zoning Commission regarding the Unified Development Code. The memo requests ajoint meeting with Council. She asked Ms. Clarke to clarify the recommendation. She also pointed out that the memo was dated December 6th, yet approved by P &Z on September 2ih. Is that correct? Ms. Clarke apologized for the error. The Planning Commission meeting to discuss and adopt this recommendation was November 2ih. She stated that the Commission proposes i i I' l;'itdlL ii 111"': "':"'Il':::t"'#mIi1::tt".'.illJ'tllt~~tlflfllt1itt!lilU ',:';,1 I '.I,~l ~:~!flr'r/f;1~!lliW!n!tlllh! . :Wt:rl~:t, tW.j1t'1~1I. RECORD OE'PROCEEDINGS """""'m_",,,,,,,,,,,,,,,,,,,,,~w,,,,,_,,,,,,,wMinules_af,,,,,,,,,w,w,_,,,,w,,,,,,,,,"'''''''''''M"-"w"'''''''''''''''~''''''''''_''''''''''''''m,,,,I;)lJ,bJitlwC,ity:,COlJ,ncil,,,-,_,,,,,,w"""'m,w"M_m~'''mMm,,,,,,_,,,,,P...ag.e._l,,2,,,,,,'''''mM,e~ting_,_"w"_,,,,,, DAYTON LEGAL BLANK INC. FORM NO. 10148 Held December 10, 2001 , (YEAR) the date of Thursday, January 24th for a joint meeting with Council. Ms. Chinnici-Zuercher agreed that Council should schedule ajoint meeting with P&Z in late January. She noted that the City has already spent a significant amount of money on ~ development of this Code. Evidently, the Planning Commission believes there is no , longer sufficient support on Council for the revisions to the Code. Council consensus was to schedule the joint meeting with Planning Commission on Thursday, January 24 at 7:00 p.m. Mr. McCash inquired about interview dates for Planning Commission candidates. It would be wise to select the new members as quickly as possible so that the Commission meetings are not hindered due to lack of a quorum. Following discussion, Council consensus was to schedule Planning Commission interviews for the evenings of Monday, January 14 and Tuesday, January 15. 2. Expressed her gratitude to Bob Adamek and Greg Peterson for their work with the City over the past four years. She noted that it takes perseverance, patience and the ability to balance the issues oftheir wards with the impact on the entire community. She stated that both have been mentors to her in the two years she has had the opportunity to work with them. She particularly noted their skill in analyzing the issues and providing concise and forthright feedback. She encouraged them to stay involved in the City, as the City will greatly benefit from this. --. 3. Thanked Mayor Charles Kranstuber for his effective leadership of Council over the past six years. It is difficult to chair any board, particularly one made up of independently elected officials. The chair is challenged with integrating the individual differences to effect good public policy, and Mayor Kranstuber has done a superb job in this. She also commended Mayor Kranstuber on his excellent representation of the City at the many ceremonial events. On behalf of Council, she presented the Mayor with a framed collage of photos from ceremonial events. Mr. Reiner echoed Ms. Chinnici-Zuercher's comments regarding Mr. Adamek's and Mr. Peterson's outstanding service to the City. He stated that their energy and enthusiasm was infectious and enabled Council to accomplish many goals. He commended Mr. Peterson on his clear-headedness, displaying an incredible ability to grasp complex planning and zoning concepts. He also had a highly ethical voting record, remaining consistent in his commitment to the citizens. He also appreciated his ability to be quick, to the point and brief. Mayor Kranstuber: 1. Read proclamations on behalf of the City recognizing Mr. Adamek and Mr. Peterson for their invaluable service to the City during their terms of office, January 1998 through December 2001. 2. Offered his personal commendations, stating that both are highly ethical, very professional, sound thinkers with the ability to thoroughly analyze problems while 1""'-\ remaining level-headed - he has never seen them lose composure, and they are consensus builders. In short, they have all the desirable attributes of a legislator. On a personal note, he recalled the day on which a student "shadowed" Mr. Peterson in criminal court to observe his handling of a murder trial. As an attorney, Mayor Kranstuber was thoroughly impressed with Mr. Peterson's ability to "think on his feet". He stated that over the past four years, Dublin City Council and the community have benefited greatly from the abilities ofMr. Peterson and Mr. Adamek. Mr. Peterson commented that the past four years have intermittently appeared to last forever or to fly by. Much has happened in his life during that time, and he is a much different person today than four years ago. Council has been through a lot together during these years. The friendships he has made with the people here tonight have directly RECORD OE' PROCEEDINGS 'mm"'m"_"_m'~'_'''''''''__'''''''m"Minute.s_Qfm~''''m'''m'''''_'~m_m_""-"'''''''''''''''''''''''-~'''''''''''''~'m,,,,-,J)ublittmCity,,,,CoutlC;jl,,,-,,m""'''''''m""~,_"",,,,,_,,_,,_,,,,,,,,,,,,l?.age,,1,,3,,,,,,_,_,,,,,Meejjng"_"~'"m_'m''' DAYTON LEGAL BLANK INC. FOHM NO. 10148 Held December 10,2001 , (YEAR) impacted the person he has become. He thanked the people who have built this City and this legislative body into something he is honored to have been a part of. He has great respect for Judge Close, Joel Campbell, former Council members and those present tonight. Now that he has witnessed how the City runs from the inside, he is confident in ....-... his decision to raise his family here. He is more proud to be from Dublin than from anywhere else he has lived. He has consistently been impressed with the professional manner in which every City employee performs. He thanked retiring City Manager Tim Hansley, not just as a Council member, but also as a resident for all that he has done for this City. Mr. Hansley has played a major role in making Dublin what it is today. Mr. Peterson stated that in the attempt to understand the purpose for our lives, he believes the most one can hope for is to leave a place in a better condition than one found it. It is a simple goal, but it is very difficult to accomplish. A Council member has the ability to affect the world of many more people than does the average citizen, and it is important not to forget the people impacted by Council actions. The majority of the people are silent, but they are the very ones Council must represent - the people who cannot speak for themselves, or who do not have the time, knowledge or experience to do so. He wished the continuing Council members the best of luck, reminding them that, as they are good to the people they represent, to be good to each other. There are issues that are uncomfortable to work through, but it is possible to disagree without being disagreeable. Democracy works. He thanked the community for giving him the opportunity to serve the citizens as a Council Member. Mr. Adamek: 1. Recommended that staff bring forth a mirror resolution granting the residents the same one-year waiver to tap in to the water as was granted for the sewer tap in. - Ms. Grigsby responded that Resolution 59-01 provides for that. 2. Asked Mr. Kindra to review the timing of the signal at the intersection of Perimeter Drive and Avery-Muirfield. For drivers traveling east on Perimeter and attempting to turn left and north on Avery-Muirfield, only three or four cars are able to move through the intersection before the signal changes. Drivers would be more encouraged to use Perimeter Drive versus Post Road if it were possible to move through that intersection more efficiently. Mr. Kindra responded that when the Kroger shopping center was approved, the driveway next to Blockbuster was designed to be temporary. It is to become a right in/right out drive. It is necessary to extend the left turn lanes, and the timing needs to be adjusted. There were certain conditions for the site that were noted on the plat, and to date they have not been met. He has attempted to resolve this issue with Mr. Hale. To date, Mr. Hale has not responded to two letters on this topic. Consequently, he referred the issue to the Law Director. The timing of the signal is partially tied to the size of the left turn lane. If the City is able to secure cooperation from the shopping center, the City may be able to resolve the situation. Mr. Adamek asked Mr. Smith to follow up on this. 2. Noted that retiring City Manager Tim Hansley was not scheduled to be present at tonight's Council meeting. His last day at the City is on Thursday, December 13th. Earlier today, Mr. Hansley's son, Nick was seriously injured in an automobile - accident; he is currently being treated at Grant Riverside. It is hoped that he will recover completely. He asked that everyone keep Nick in their prayers. 3. Stated that he had the pleasure of attending a dinner last night at the Wyndham Hotel hosted by a student organization at Coffman called, "The Interact Club," which stands for international action. It was initiated by the Rotary Club in an attempt to involve younger citizens in their communities. This international organization, with representatives from 100 different countries, recently honored the police officers, fire fighters and emergency rescue people involved in the FEMA group, who recently went to New York and Washington D.C. It was inspiring to see the young people already so involved in their community. 4. Stated that he has thoroughly enjoyed the past four years as a City Council Member. There have been some long and grueling hours. It was not unusual for him to drive six to eight hours in one day to be able to participate in the Council ! , I 1,1 "IIF<lf;:"".,,ikH:%~1W{'BlR.fltjllj';j:'1'1:J:l!f1:+LH;lH!lml!f;It'll"1I::,"tJ~;!li':'lllt:,JH:'Ij":i;tc:'11 il'. I RECORD OE' PROCEEDINGS ""_""''''''''''''''''''_''''''''''''_'''''''''''M"MinutelLofM'''''''''M_''''~''''''_''''''''''"'''-''-'M'''''''''''''~-''''''~'''''''M_'-''''":,"'''b}lJ,b,lin"City:,Council",,,,,,""-"""~-"''''''''~'_"_~''''M"",,,,,~,,,,-J>~.ge,,,14,,,,,,,,,,,,,,,,,,,,Me~ting''''''_'''M'''"'''_''' DAYTON LEGAL BLANK INC. FORM NO. 10148 Held December 1 0, 2001 , (YEAR) meetings, but he had made a commitment to be an active participant in as many meetings as possible. In some respects, his family life has suffered and he is looking forward to a hiatus. However, he intends to remain involved in City business in the future. What he will miss the most is the involvement with the community -- the volunteerism in this community is unprecedented-- and the involvement and commitment of staff. Council demands excellence and staff consistently meets that expectation. The commitment of staff often goes unnoticed, but it is that energy and effort that makes the City such a success. Council members are not experts in any of the areas they oversee; Council draws upon the talent and expertise of staff. He thanked staff for all of their efforts which helped to make Council look good! Mayor Kranstuber moved to adjourn to executive session for legal and personnel matters. Mr. Adamek seconded the motion. V ote on the motion - Mrs. Boring, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Peterson, yes, Mr. Adamek, yes. Mayor Kranstuber announced that the meeting would not be reconvened following the executive session. The meeting was adjourned to executive session at 9:40 p.m. (P~ Mayor - Presiding Officer - ~_a ~ Clerk of Council - -~..,.